reasonable doubt

Whose Decision Is It?

Austin Criminal Defense Lawyer  Thu, 08/21/2008 - 12:50pm

Someone googled:

“Whose decision is it to put someone in jail if you fail a drug test while on probation?”

Well, if you fail a U/A while on probation, your probation officer will file a motion to revoke which causes paperwork asking that a warrant issues to be sent to the court for the judge’s signature.

On some minor violations the court will actually issue a summons instead of a warrant (at least in Austin) but most judges around here will authorize the warrant for a positive specimen.



 

'Failure to Testify': A Better Instruction

Austin Criminal Defense Lawyer  Wed, 12/12/2007 - 4:01pm

Mark and Anne are blogging about Texas’ jury instruction regarding a defendant’s ‘taking the fifth’. Scott has weighed in as well – the New York instruction is about 5% better than ours, leaving it still severely flawed.

I decided to rewrite it myself:



 

'Failure to Testify': A Better Instruction

Austin Criminal Defense Lawyer  Wed, 12/12/2007 - 4:01pm

Mark and Anne are blogging about Texas’ jury instruction regarding a defendant’s ‘taking the fifth’. Scott has weighed in as well – the New York instruction is about 5% better than ours, leaving it still severely flawed.

I decided to rewrite it myself: